Officer cleared in killing

Keith Paul

Friday, Nov. 30, 2001 | 10:05 a.m.

As Metro Police Officer Theodore Glaude tearfully testified Thursday how he begged a man last month to drop his weapon, the man's mother covered her face and sobbed.

But when the Clark County coroner's inquest jury came back after 25 minutes of deliberation, ruling that Glaude was justified when he shot and killed Jeffrey C. Daniels, 37, Daniels' mother, father and ex-girlfriend angrily shook their heads and quickly left the room.

Police pointed to an apparent suicide note found in Daniels' bathroom as an indication that he was trying to escalate a situation with officers to get them to shoot him -- often called suicide by cop.

Glaude testified he was left with no choice when Daniels started to raise a gun toward Glaude and two other Metro officers, who had been called to Daniels' apartment after he reportedly threatened children with a gun.

"I begged him. I said, 'Sir, please drop the gun,' " said Glaude, a Metro officer for four years and a Nevada Highway patrolman for four years before that. "There was nothing else I could do."

Glaude, 30, fired one shot that hit Daniels in the chest. Glaude started crying as he testified that, after Daniels collapsed in the apartment, he went to his side.

"I call everyone partner, and I said, 'Hang in there partner,' he said. "I just tried to encourage him."

Daniels died at University Medical Center about 35 minutes after being shot. He died from a single gunshot wound in the upper right chest. A medical examiner testified methamphetamine was found in his system.

"Every day I'm going to have to envision this human being on the ground," Glaude testified as his voice cracked and his face reddened. "I looked into his eyes and I will never get that out of my head. I didn't become a police officer to shoot anybody."

Officer Ed Shoemaker was first called to Daniels' apartment in the 6900 block of Dunsbach Way near Lake Mead and Hollywood boulevards about 7:30 p.m. on Oct. 23.

Mishell Shear called police after Daniels came up to her, her ex-husband and their children on the apartment building's stairway landing.

She testified Daniels had a handgun and threatened her children.

"My 4-year-old turned to me and said, 'Mom, he's got a gun,' " she said. "He said, 'Don't make me use this, get them out of here.' Do I think he could hurt my kids? Yes."

Shear testified she told him she was going to call police and started to dial 911 on a cellular phone. She said Daniels told her to go ahead and call police. He then went down to his apartment and left his front door open.

Shoemaker called for backup. Glaude and rookie Officer Eric Carlson, still in field training under Glaude, arrived. The three officers went to the front door.

Shoemaker, who was positioned at the right side of the door with Glaude and Carlson to his left and slightly behind him, said he knocked and heard a man ask, "911?"

Shoemaker said that he told him it was the police, and Daniels appeared. Shoemaker said he spotted a gun in Daniels' hand pointed at the ground, then drew his own gun.

"His finger went to trigger, and I told him to drop the gun," he said. "He said, 'I can't.' Then he said, 'Just make it a clean shot.' "

Shoemaker and Glaude testified they both started telling Daniels to drop the gun.

"My belief is that he wanted us to shoot him," Shoemaker said.

Police found two notes in Daniels' apartment. One was left to a person apologizing for the mess, saying someone would be by to collect his things. The other note, police said, appeared to be a suicide note that was left in the bathroom.

Shoemaker said he would have fired, but Glaude fired first.

Glaude said even if Daniels wanted to be shot, the officers couldn't wait to see whether Daniels would have fired, or simply leave the apartment. He said he didn't know whether anyone else was in the apartment, and whether they may be in danger.

Detective Jim LaRoshelle testified Daniels may have been upset because of drugs, recently breaking up with a girlfriend or perhaps some financial difficulties.

The note read: "I never meant for my weakness to cause anyone pain. I am sickened and horrified by this. I thought I could be strong enough to overcome the drug, but am obviously not. My family and friends I love dearly and am truly sorry for the pain I have caused. This is the only way that I know how to make it up, and I know it won't. I love you all."

Angel Jackson, a 17-year-old who was walking in the neighborhood, gave a different account of the shooting than the police. She said she saw an officer standing in the living room. She testified she didn't hear the officers say anything and then heard the shot.

Deputy Clark County District Attorney Mike Davidson questioned her about her version and then asked if she ever had any problems with Metro. Jackson said she didn't.

But Davidson called Officer Nathan Chio, who was in the audience at the inquest. Chio testified he is a friend of Glaude's and thought Jackson looked familiar. He said he remembered that he and Glaude arrested Jackson in July on battery charges.

A coroner's inquest is called any time a police officer kills a person in the line of duty. The jury determines if the shooting was justified, excusable or criminal. If the jury decides the shooting is criminal, the case is referred to the district attorney for prosecution.

In about 100 inquests since 1976, only once police shooting has been ruled criminal, but the officer was not indicted by a grand jury.